July 15, 2009 – A new act approved today by the Uniform Law Commission (ULC), a national law reform group, addresses the consequences of the conviction of a crime that are imposed by law in addition to direct penalties imposed by the judge. Traditionally, offenders are sentenced to fines, probation, and jail or prison terms. When this punishment is complete, as far as the criminal justice system is concerned, the offender has done the time and repaid his or her debt to society. However, today’s offenders learn – often too late – that they have only begun to suffer the consequences of their convictions after they have served their sentences. More and more, states are imposing subsequent penalties and disabilities on those convicted of particular crimes. These “collateral consequences” are in addition to those imposed at sentencing. The sanctions vary from state to state, but they generally relate to restrictions on voting, occupational licensing, vehicle licensing, firearm restrictions, offender registration, and public benefits. Preliminary studies show that, in many states, literally hundreds of these consequences may apply. Unlike direct consequences of conviction, collateral consequences are often unknown, may prove devastating, and often last a lifetime.

To deal with this issue, the Uniform Collateral Consequences of Conviction Act was approved today by the Uniform Law Commission (ULC) at its 118^th Annual Meeting in Santa Fe, New Mexico. The provisions of the Uniform Act are largely procedural, and designed to rationalize and clarify polices and provisions which are already widely accepted in the states.

The Act includes provisions to ensure that defendants are aware of the existence of collateral sanctions before conviction, are reminded of them at release, govern the effect of out of state convictions, and provide limited means by which some offenders may obtain relief from many such consequences.

Concern about the impact of collateral consequences has grown in recent years as the numbers and complexity of these consequences have mushroomed and the U.S. prison population has grown. There is a real concern on a societal level that collateral consequences may impose such harsh burdens on convicted persons that they will be unable to reintegrate into society.

In 1974, 1.8 million people had served time, or 1.3% or the adult population. In 2001, 5.6 million people, or 2.7% of the adult population, had served time. The Department of Justice estimates that if the 2001 imprisonment rate remains unchanged, 6.6% of Americans born in 2001 will serve prison time during their lives. In addition to those who have served prison time, an even larger proportion of the population has been convicted of a criminal offense without going to prison. According to a 2003 report of the Department of Justice, nearly 25% of the entire population (some 71 million people) had a criminal record.

The Act requires collection in a single document all of the collateral sanctions and disqualifications contained in state statutes or administrative regulations. Fortunately, this task has been simplified by a recent complimentary federal legislation which requires that the Director of the National Institute of Justice identify collateral sanctions in the constitution, codes and administrative rules of the 50 states and the territories. Accordingly, the federal government will do the bulk of the initial work.

As states grapple with various related issues – including reforming prison systems and releasing prisoners to balance budgets – the number of offenders impacted by collateral consequences continues to grow. The Uniform Collateral Consequences of Conviction Act is an effort to clarify the state’s collateral consequences in such a way as to make the criminal justice system both smarter and fairer to all involved.

Further information on the Uniform Collateral Consequences of Conviction Act can be found at the ULC’s website at www.nccusl.org.

The drafting committee on the Uniform Collateral Consequences of Conviction Act was chaired by Richard T. Cassidy of Burlington, Vermont. Other committee members included: Ann Walsh Bradley, Madison, Wisconsin; John M. Cary, Seattle, Washington; Brian K. Flowers, Washington, DC; Jessica French, Richmond, Virginia; Roger C. Henderson, Tucson, Arizona; H. Lane Kneedler, Richmond, Virginia; Harry D. Leinenweber, Chicago, Illinois; Marian P. Opala, Oklahoma City, Oklahoma; Raymond G. Sanchez, Albuquerque, New Mexico; Alexandra T. Schimmer, Columbus, Ohio; Paula Tackett, Santa Fe, New Mexico; and Michele L. Timmons, St. Paul, Minnesota. Professor Jack Chin of the University of Arizona, in Tucson, Arizona, served as the committee’s reporter.

The Uniform Law Commission, now in its 118th year, comprises more than 300 practicing lawyers, governmental lawyers, judges, law professors, and lawyer-legislators from every state as well as the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. Uniform Law Commissioners are appointed by their states to draft and promote enactment of uniform laws that are designed to solve problems common to all the states.

After receiving the ULC’s seal of approval, a uniform act is officially promulgated for consideration by the states, and legislatures are urged to adopt it. Since its inception in 1892, the ULC has been responsible for more than 200 acts, among them such bulwarks of state statutory law as the Uniform Commercial Code, the Uniform Probate Code, the Uniform Partnership Act, and the Uniform Anatomical Gift Act.

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